The government sought to get Shkreli locked up as a danger to the community
amid the fallout from his social media post, which read: “The Clinton
Foundation is willing to KILL to protect its secrets. So on HRC’s book
tour, try to grab a hair from her. I must confirm the sequences I have.
Will pay $5,000 per hair obtained from Hillary Clinton.”

Shkreli, 34, dubbed the “pharma bro” for exploits that include jacking up
the price of a life-saving drug by 5,000 percent, was silent and
stony-faced as U.S. marshals led him out of a Brooklyn courtroom. He had
been free on a $5 million bail since his December 2015 arrest.

U.S. District Judge Kiyo Matsumoto ruled that Shkreli’s Sept. 4 post, made
shortly before Clinton embarked on a book tour, showed he posed a danger to
the public. The post prompted an investigation by the U.S. Secret Service,
which is charged with protecting the former Democratic presidential
candidate.

Shkreli’s defense attorney argued that the post was satirical and should be
protected under free speech, but Matsumoto called Shkreli’s Facebook post a
“solicitation of an assault” rather than a protected political statement.

“The fact that he continues to remain unaware of the inappropriateness of
his actions or words demonstrates to me that he may be creating ongoing
risk to the community,” said U.S. District Judge Kiyo Matsumoto, in
revoking his bond.

Instead of shrinking from the public outrage that has followed him for two
years, Shkreli has mounted an erratic and sometimes outrageous online
defense of himself, appearing to revel in the negative attention.

His 70,000 Facebook followers do not take his statements seriously, said
Shkreli’s attorney Benjamin Brafman. “He did not intend to cause harm,” he
said. “Being inappropriate does not make you a danger to the community.”

The lawyer disputed prosecutors' contention that comments Shkreli made
online about Clinton and a journalist, Lauren Duca, constituted an
escalating pattern of threats,

Brafman suggested that Shkreli, who claims to be a supporter of President Donald Trump,
was engaging in "political hyperbole" or "satire" in his comments about
both women.

Brafman cited the fact that comedian Kathy Griffin was not prosecuted after
she posted online a photograph of herself holding what appeared to be the
bloody, severed head of Trump.

"Another example of political hyperbole is when President Donald Trump, as
a candidate, caused a controversy last year by implying that 'Second
Amendment people' could prevent former Secretary Clinton from abolishing
their right to bear arms."

If you’re not sure what constitutes as satire or a threat, it’s better not
to say it at all.

Even if you’re confident of where your statements lie on the spectrum of
controversy and appropriateness, it’s often best to hold off on your
Twitter or Facebook rant. You never know when one might come back to haunt
you as you prepare for a job interview or a press conference.

Communicators, be prepared to stand by what you say online—and arm yourself
with a crisis strategy in the event that an executive in your organization
or a client takes to social media to say something controversial, cross a
line or get involved in a social media argument.